Title 38, Veterans' BenefitsRelease 119-110

§1784A Examination and Treatment for Emergency Medical Conditions and Women in Labor

Title 38 › PART II — GENERAL BENEFITS › CHAPTER 17 — HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE › SUBCHAPTER VIII — HEALTH CARE OF PERSONS OTHER THAN VETERANS › § 1784A

Last updated Sep 22, 2026|Official source

Summary

Hospitals run by the Department that have emergency departments must give anyone who comes asking for help a medical screening exam using the emergency department’s usual services. If the hospital finds an emergency medical condition, it must either treat the person enough to stabilize them with the staff and equipment it has, or arrange a transfer to another medical facility. If the patient (or someone acting for them) refuses offered treatment or transfer after being told the risks and benefits, the hospital meets its duty if it offered care and tries to get written informed refusal. A hospital may not move a person who is not yet stabilized unless the person in writing asks for the transfer after being told the risks, or a Department doctor signs a statement saying the expected medical benefits of transfer outweigh the risks (including for an unborn child), or a qualified medical person signs that statement and a doctor later signs it too. The statement must summarize the risks and benefits. An appropriate transfer means the sending hospital gives as much care as it can to lower risk, the receiving facility has space and staff and agrees to take the patient, medical records go with the patient, qualified transport and life support are used, and any other safety rules set by the Secretary are followed. The Secretary may charge for care under other billing laws. Campus: nearby hospital grounds (including areas within 250 yards). Emergency medical condition: a sudden, severe problem that could seriously harm the person or unborn child or a stage of labor needing immediate care. To stabilize/stabilized: treatment that prevents likely deterioration during transfer, or delivery (including the placenta). Transfer: moving a person off hospital property at the hospital’s direction, except if the person is dead or leaves on their own.

Full Legal Text

Title 38, §1784A

Veterans' Benefits, Source: USLM XML via OLRC

(a)In General.—

In the case of a hospital of the Department that has an emergency department, if any individual comes to the hospital or the campus of the hospital and a request is made on behalf of the individual for examination or treatment for a medical condition, the hospital must provide for an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition exists.

(b)Necessary Stabilizing Treatment for Emergency Medical Conditions and Labor.— (c) Restricting Transfers Until Individual Stabilized.—

(1)If any individual comes to a hospital of the Department that has an emergency department or the campus of such a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either—

(A)within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition; or

(B)for transfer of the individual to another medical facility in accordance with subsection (c).

(2)A hospital is deemed to meet the requirement of paragraph (1)(A) with respect to an individual if the hospital offers the individual the further medical examination and treatment described in that paragraph and informs the individual (or a person acting on behalf of the individual) of the risks and benefits to the individual of such examination and treatment, but the individual (or a person acting on behalf of the individual) refuses to consent to the examination and treatment. The hospital shall take all reasonable steps to secure the written informed consent of the individual (or person) to refuse such examination and treatment.

(3)A hospital is deemed to meet the requirement of paragraph (1)(B) with respect to an individual if the hospital offers to transfer the individual to another medical facility in accordance with subsection (c) and informs the individual (or a person acting on behalf of the individual) of the risks and benefits to the individual of such transfer, but the individual (or a person acting on behalf of the individual) refuses to consent to the transfer. The hospital shall take all reasonable steps to secure the written informed consent of the individual (or person) to refuse such transfer.

(d)Payment to the Department.—

The Secretary shall charge for any care or services provided under this section in accordance with billing and reimbursement authorities available to the Secretary under other provisions of law.

(e)Definitions.—

In this section: (1)

(2)The term “emergency medical condition” means—

(A)a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in—

(i)placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy;

(ii)serious impairment to bodily functions; or

(iii)serious dysfunction of any bodily organ or part; or

(B)in the case of a pregnant woman, a stage of labor that a medical provider determines indicates—

(i)that there is inadequate time to effect a safe transfer to another hospital before delivery; or

(ii)that transfer may pose a threat to the health or safety of the woman or the unborn child.

(3)(A)The term “to stabilize” means—

(i)with respect to an emergency medical condition described in paragraph (2)(A), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility; or

(ii)with respect to an emergency medical condition described in paragraph (2)(B), to deliver (including the placenta).

(B)The term “stabilized” means—

(i)with respect to an emergency medical condition described in paragraph (2)(A), that no material deterioration of the condition is likely, within reasonable medical probability, to result from or occur during the transfer of the individual from a facility; or

(ii)with respect to an emergency medical condition described in paragraph (2)(B), that the woman has delivered (including the placenta).

(4)The term “transfer” means the movement (including the discharge) of an individual outside the facilities of a hospital of the Department at the direction of any person employed by (or affiliated or associated, directly or indirectly, with) the hospital, but does not include such a movement of an individual who—

(A)has been declared dead; or

(B)leaves the facility without the permission of any such person.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1784A

Title 38, Veterans' Benefits

Last Updated

Sep 22, 2026

Release point: 119-110